Brian Bendy

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Brian Bendy is a Partner in the Firm’s Litigation Group and has significant litigation experience in both New York State and Federal Court. Mr. Bendy has handled a broad range of complex commercial disputes and real estate related matters, including disputes in connection with commercial leases and contracts, complex real estate joint ventures, title issues such as ownership, priority and boundary disputes, construction disputes, condo and cooperative management disputes, bankruptcy litigation, and Americans with Disabilities Act and human rights litigation.

Some of Mr. Bendy’s recent victories and accomplishments for the Firm’s clients include:

• Successfully obtaining awards of summary judgement against a lease guarantor in excess of $5 million, plus legal fees, in a commercial lease dispute in the United States District Court for the Southern District of New York. Notably, the District Court and the Second Circuit Court of Appeals rejected the lease guarantor’s arguments that the broad third party release in the commercial tenant’s bankruptcy plan relieved guarantor of liability under the guaranty;
• In anticipation of a demolition project that was required in order to begin a new construction project of a 25-story, 173-unit building in Manhattan, expeditiously obtaining possession of two entire building for the owner through negotiation and litigation with 82 commercial tenants occupying the buildings;
• After commencement of a legal action, obtaining the return of a down payment in the sum of approximately $1.5 million based upon the seller’s failure to comply with the terms of a purchase and sale agreement;
• Successfully litigating title priority disputes resulting in clients obtaining title to highly sought after properties;
• Successfully litigating New York and Queens Supreme Court actions in which the Courts declared NYC Administrative Code § 22-1005 (the Guaranty Bill) unconstitutional;
• Successfully litigating a voidable conveyance action and collecting judgments and attorneys’ fees in excess of $300,000 from the debtor;
• Recovering millions of dollars in rental arrears on behalf of commercial landlords by defeating commercial tenants’ Covid-19 related defenses of frustration of purpose, impossibility of performance, and force majeure;
• Successfully defending against actions and negotiating settlements in various income discrimination, ADA and human rights violations cases, without admissions of wrongdoing.
• Successfully representing landlords as creditors in bankruptcy proceedings and obtaining recovery of millions of dollars in debts;
• Successfully enforcing judgments obtained for clients resulting in collections of millions of dollars; and
• Successfully representing commercial tenants in eviction proceedings and obtaining decisions and settlements permitting the tenants to avoid eviction and continue operating their businesses.

Recent Decisions and Articles:

• 605 Fifth Prop. Owner, LLC v. Abasic, S.A., 22-0945 (2d Cir. 2023) (obtained a decision affirming lower court’s finding that a broad third party release in the commercial tenant’s bankruptcy plan did not relieve a guarantor of liability under the guaranty, which resulted in the client being able to recover judgments in excess of $5 million, plus legal fees);
• Mark Propco LLC v. Noro, 2023 NY Slip Op 33068 (Sup. Ct. NY Co. 2023) (obtained a decision that NYC Administrative Code § 22-1005 (the Guaranty Bill) was unconstitutional and a judgment of over $875,000 against a commercial lease guarantor);
• 605 Fifth Property Owner, LLC v. Rehab World Therapy PLLC, et al., 2023 N.Y. Slip Op 32316 (Sup. Ct. NY Co. 2023) (obtained summary judgment, dismissal of the defenses of a lease guarantor, judgment for rent owed and legal fees);
• Lash 68 LLC v. Interior Mgt., LLC, Index No. 651674/2023 (Sup. Ct. NY Co. 2023) (in an action commenced against a general contractor and the company’s managers who were accused of violating lien law trust laws by stealing construction trust funds for personal use, obtained injunctive relief prohibiting spending by the general contractor and the managers);
• Kensington House NY LLC v. Accardi, 2023 N.Y. Slip Op 31673 (Sup. Ct. NY Co. 2023) (obtained a decision that NYC Administrative Code § 22-1005 (the Guaranty Bill) was unconstitutional and a judgment of over $400,000 against commercial lease guarantor. Assisted client in judgment enforcement and collecting the judgment in full);
• Schaer v. Park Terrace Realty, LLC, 2023 N.Y. Slip Op 31837 (Sup. Ct. NY Co. 2023) (obtained a declaration that a residential apartment was not subject to rent stabilization);
• NTS W. U.S. Corp. v. 605 Fifth Ave. Prop. Owner (In re NTS W. U.S. Corp.), No. 21-2240 (2d Cir. 2022) (obtained a decision affirming district court’s dismissal of adversary complaint which alleged that frustration of purpose and impossibility of performance due to the COVID-19 pandemic provided a defense to debtor’s obligation to pay rent);
• ZV NY, Inc. v. Mark Propco LLC, 2022 N.Y. Slip Op 32963 (Sup. Ct. NY Co. 2022) (obtained dismissal of commercial tenant’s complaint which contained seven causes of action, including claims for nuisance and breach of contract, and obtained summary judgment on counterclaims for unpaid rent in the sum of over $1.3 million dollars. Assisted client in judgment enforcement and collecting the judgment in full);
• 605 Fifth Property Owner, LLC v. Rehab World Therapy PLLC, et al., 2022 N.Y. Slip Op 31311 (Sup. Ct. NY Co. 2022) (obtained summary judgment, dismissal of the counterclaims of the commercial tenant and guarantors and a judgment for rental arrears and legal fees);
• Quoted in Crain’s New York, Right now, it’s no fun to stay at the YMCA (October 11, 2022);
• Wilbee Corp. v. Olympian Summit, Inc., 2022 N.Y. Slip Op 51329 (Civ. Ct. Queens Co. 2022) (summary judgment obtained in commercial landlord tenant proceeding with a money judgment obtained in excess of $440,000);
• 40 Wall Street LLC v. Neapolitan Express Operating, LLC, Index No. 151750/2022 (Sup. Ct. NY Co. 2022) (obtained a judgment of over $900,000 against commercial tenant);
• Shadowbox Holdings LLC v. Panasia Estate Inc., 2021 N.Y. Slip Op 30917 (Sup. Ct. NY Co. 2021) (obtained a decision granting summary judgment for owner, declaring the tenant to be in default of lease, vacating a Yellowstone Injunction and awarding the owner legal fees);
• Fieldstone v. Ryan & Conlon, 64 Misc. 3d 62 (App. Term 1st Dept. 2019) (obtained unanimous reversal of the lower court decision. The Appellate Term issued a decision that rejected the commercial tenant’s defense of constructive eviction and awarded the landlord a judgment for rent owed and attorneys’ fees incurred); and
• Abdul Jabbar and Mohamed Nasim v. Brett Morgan, LLC, Index No. 703892/2017 (Sup. Ct. Queens Co. 2019) (in a commercial contract dispute, obtained the dismissal of action based upon causes of action for breach of contract, fraudulent inducement, unjust enrichment and promissory estoppel, and obtained a judgment for legal fees for our client).